Memo

BILL NUMBER:S951

TITLE OF BILL: An act to amend the penal law and the vehicle and traffic law, in relation to bias-related graffiti

SUMMARY OF PROVISIONS:

Section 1 of this bill amends Section 240.31 of the Penal Law by adding a new subdivision 1-a. This subdivision adds the language "etches, paints, covers, draws upon or otherwise places a mark upon public or private property" to the crime of aggravated harassment in the first degree.

Section 2 amends the Penal Law by adding a new section 60.31, which allows the court to order the person convicted of the offense defined in Section 1 to participate in a diversity training program, at his/her expense.

Section 3 amends Section 502 of the Vehicle and Traffic Law by adding a new subdivision 8, which requires that the Commissioner of the Department of Motor Vehicles not issue a driver's license to any person convicted of the offense defined in Section 1 until such time as imposed by the sentencing court has elapsed.

Section 4 amends subdivision 3 of Section 510 of the Vehicle and Traffic Law by adding a new paragraph j-1, which allows the court to suspend for up to one year, the driver's license of any person convicted of the offense defined in Section 1.

JUSTIFICATION:

This bill proposes enhanced penalties for bias-related graffiti in recognition of the particularly sensitive nature of such graffiti. Graffiti that is based upon hate should receive a tighter penalty. Enhancing the penalty will serve to reinforce the seriousness of this crime and prove to offenders that New York State does not tolerate bias in any form.

Currently, graffiti is treated as a Class A misdemeanor in Section 145.60 of the Penal Law. This legislation would include bias-related graffiti under the section of law that currently covers desecration of religious property. Under this bill, bias-related graffiti would be considered a Class E felony. This would increase the allowable penalty for bias-related graffiti from up to one year in jail under a Class A misdemeanor to a range of 1 1/3 to 4 years for a Class E felony at the discretion of the judge.

Recent incidents of bias-related graffiti in Westchester County exemplify the need to give prosecutors greater leverage in prosecuting such offenders.

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Text

STATE OF NEW YORK
________________________________________________________________________
951
2013-2014 Regular Sessions
IN SENATE
(PREFILED)
January 9, 2013
___________

Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law and the vehicle and traffic law, in
relation to bias-related graffiti
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 240.31 of the penal law is amended by adding a new
subdivision 1-a to read as follows:
1-A. ETCHES, PAINTS, COVERS, DRAWS UPON OR OTHERWISE PLACES A MARK
UPON PUBLIC OR PRIVATE PROPERTY; OR
S 2. The penal law is amended by adding a new section 60.31 to read as
follows:
S 60.31 AUTHORIZED DISPOSITION; AGGRAVATED HARASSMENT IN THE FIRST
DEGREE.
WHEN A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN SUBDIVISION ONE-A
OF SECTION 240.31 OF THIS CHAPTER, OR OF AN ATTEMPT TO COMMIT SUCH AN
OFFENSE, OR OF A LESSER INCLUDED OFFENSE, IN ADDITION TO ANY OTHER
SENTENCE IMPOSED OR AS A CONDITION OF PROBATION OR CONDITIONAL
DISCHARGE: (1) THE COURT MAY ORDER SUCH PERSON TO PARTICIPATE IN, AT HIS
OWN EXPENSE, A DIVERSITY TRAINING PROGRAM THAT IS DESIGNED TO OVERCOME
DISCRIMINATION, PREJUDICE AND INTOLERANCE, AND THAT PROMOTES COMMUNI-
CATION, UNDERSTANDING AND RESPECT AMONG DIVERSE RACIAL, RELIGIOUS AND
ETHNIC GROUPS AND/OR (2) MAY SUSPEND SUCH INDIVIDUAL'S DRIVER'S LICENSE
OR PRIVILEGE TO DRIVE IN THIS STATE FOR A PERIOD OF UP TO ONE YEAR, OR,
IN THE EVENT SUCH INDIVIDUAL DOES NOT HAVE A DRIVER'S LICENSE, THE COURT
MAY DELAY THE GRANTING OF A DRIVER'S LICENSE FOR A PERIOD OF UP TO ONE
YEAR.
S 3. Section 502 of the vehicle and traffic law is amended by adding a
new subdivision 8 to read as follows:

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02858-01-3

S. 951 2

8. EXCEPTIONS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,
THE COMMISSIONER SHALL NOT ISSUE A DRIVER'S LICENSE TO ANY PERSON
CONVICTED OF AN OFFENSE DEFINED IN SUBDIVISION ONE-A OF SECTION 240.31
OF THE PENAL LAW, OR OF AN ATTEMPT TO COMMIT SUCH AN OFFENSE, OR OF A
LESSER INCLUDED OFFENSE, UNTIL SUCH TIME AS IMPOSED BY THE SENTENCING
COURT HAS LAPSED.
S 4. Subdivision 3 of section 510 of the vehicle and traffic law is
amended by adding a new paragraph j-1 to read as follows:
J-1. FOR A PERIOD UP TO ONE YEAR WHERE THE HOLDER HAS BEEN CONVICTED
OF AN OFFENSE DEFINED IN SUBDIVISION ONE-A OF SECTION 240.31 OF THE
PENAL LAW;
S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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